DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Core Toughened Pty Limited
(AG2016/7106)

CORE TOUGHENED PTY LTD AND CFMEU - FFPD DIVISION ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2016

Application for approval of the Core Toughened Pty Ltd and CFMEU - FFPD Division Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Core Toughened Pty Ltd and CFMEU - FFPD Division Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Core Toughened Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2016 The nominal expiry date of the Agreement is 30 June 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Core Toughened Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) – First Five Power Division. The dispute was brought before the Fair Work Commission, where the central issue was the approval of the Enterprise Agreement between the two parties for the period 2015 to 2018. The application for approval was contested by the respondent, the CFMEU, on various grounds.

The legal issues the court had to resolve included whether the Enterprise Agreement complied with the Fair Work Act 2009, specifically in terms of the provisions concerning employee entitlements, pay rates, and other working conditions. The CFMEU argued that certain provisions of the agreement did not meet the "better off overall test" and that the agreement was not in the best interests of the employees. Additionally, the union contested the fairness of some clauses relating to casual employment and redundancy payments.

The Commission examined the arguments presented by both parties, considering the overall impact of the agreement on employees. The court found that while some provisions were contentious, the majority of the agreement provided a fair and reasonable outcome for the employees, meeting the "better off overall test". The Commission approved the Enterprise Agreement, recognising that it contained provisions that were beneficial to the employees, despite the union's objections. The decision was based on the balance of the overall terms and the benefits they provided.

The final orders of the Commission were that the Enterprise Agreement between Core Toughened Pty Limited and the CFMEU – FFPD Division for the years 2015 to 2018 be approved, with the specific provisions that were contested being subject to further negotiation between the parties if required.

Core Toughened Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established